The Param Vir Singh who is an IPS officer of the batch of 1988 and been serving the Nation, the State of Maharashtra and the Department of Police for more than 32 years has invoked writ jurisdiction of this Hon’ble Supreme Court to seek unbiased, uninfluenced, impartial and fair investigation in the corrupt malpractices of Shri Anil Deshmukh, the Hon’ble Home Minister of Government of Maharashtra before the evidence is destroyed as per the petition.
According to newspaper reports, the petition alleges that Shri Deshmukh was having direct meetings with police officers at his residence and was directing them to accumulate a sum of about Rs 100 crore every month.
He substantiated that interfering in the investigations & directing the same to be conducted in a particular manner, or whether indulging in corrupt malpractices in posting/transfers of officers, cannot be countenanced or justified in any democratic State.
So the petition is seeking, fair CBI investigation is thus warranted in each of such acts for abuse of the official position of the Hon’ble Home Minister as per the petition.
Further, according to the petition, the said the transfer was maliciously effected purportedly under Section 22N(2) of the Maharashtra Police Act, 1951 with the reason that the transfer was necessitated by “administrative exigencies”. It is settled law that the orders have to stand on the reasons contained in the same and no reasons can be supplemented later.
Further, according to the petition, the transfer of the Petitioner is also contrary to the law laid down by this Hon’ble Court in T.P. Senkumar v. Union of India, reported in (2017) 6 SCC 801 wherein it was held that transfer of an officer from a sensitive tenure post requires serious consideration and good reasons that can be tested. The relevant portions of the judgments are extracted hereunder for ready reference:
T.S.R. Subramanian v. Union of India, reported in (2013) 15 SCC 732:
“35. We notice, at present, the civil servants are not having the stability of tenure, particularly in the State Governments where transfers and postings are made frequently, at the whims and fancies of the executive head for political and other considerations and not in the public interest. The necessity of minimum tenure has been endorsed and implemented by the Union Government. In fact, we notice, almost 13 States have accepted the necessity of a minimum tenure for civil servants. The fixed minimum tenure would not only enable the civil servants to achieve their professional targets but also help them to function as effective instruments of public policy. Repeated shuffling/transfer of the officers is deleterious to good governance. Minimum assured service tenure ensures efficient service delivery and also increased efficiency. They can also prioritise various social and economic measures intended to implement for the poor and marginalised sections of the society.”
T.P. Senkumar v. Union of India, reported in (2017) 6 SCC 801:
“81. We are therefore clearly of the opinion that the removal or displacement of any senior-level officer from a tenure appointment must be for compelling reasons and must be justified by the authority concerned, if called upon to do so, on material that can be objectively tested. This is what the rule of law expects and this is what Section 97 of the Act expects — the law must be faithfully implemented in a purposive manner.”
Further, Rule 7(3) of the Indian Police Service (Cadre) Rules, 1954 are extracted hereinbelow for ready reference:
“7(3) A cadre officer, appointed to any cadre post shall hold office for at least two years unless in the meantime he or she has been promoted, retired or sent on deputation outside the State or training exceeding two months.”
Hence, the Writ Petition filed by Param Bir under Article 32 of the Constitution of India for seeking directions to safeguard fundamental rights of the petitioner and for seeking directions for impartial investigation by CBI into various corrupt malpractices of Shri Anil Deshmukh, the Hon’ble Home Minister of the Government of Maharashtra.
